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· 9/4/2009

Estate of Kirkpatrick v. City of Olathe

Citations

  • 215 P.3d 561
  • 289 Kan. 554
  • 2009 Kan. LEXIS 839

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • containing a separate analysis for award of attorney fees and consequential damages
  • To succeed on a claim for inverse condemnation, a party must establish that a taking has occurred.
  • \damage must be substantial and must be the planned or inevitable result of government action undertaken for public benefit\
  • \The question of whether there has been a compensable taking is one of law.\
  • inverse condemnation action; recognizing “right of access” is distinct from the “regulation of traffic flow” or “circuity of access” and “right of access” applies only to and from abutting public roads or highways
  • \The conclusion that compensation is only required where a transfer of property rights has occurred or where property damage is needed to complete a public improvement project is not based in the language of the EDPA.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, McFarland, Luckert, Hill, Larson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.